Loading...
HomeMy WebLinkAbout2022 CON Tri Group Construction and Development - Paradise Creek Educational Park Extension Project CIP 19-33NER - CONTRACTOR AGREEMENT PARADISE CREEK EDUCATIONAL PARK EXTENSION PROJECT, CIF NO. 19-33 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Tri Group Construction and Development, IncirContractorlo 9580 Black Mountain Rd. Ste. L, San Diego, CA 92126, on the 3rd d .E.f wnn ���ir=�r���� - � ---- t+r�r�.r�t 2 #for the construction of the above w referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with -this Agreementand-all documents -and -plans-referenced-in Exhibit ", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amounenot to exceed the contract price as set forth in Exhibit '" attached hereto and Incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES On behalf ofth Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, 1 certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, , the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 ofthe Labor Code, which requires every employer to insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be n independent contractor and shall not be n employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, includingattorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (Initial) (Initial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Alejand a Sotelo- olis Mayor, City of National City APPROVED AS TO FORM: By: Charles E, Bell, Jr, City Attorney Contractor: Tri Group Construction and Development? Inc. (Own‘cer signature) Print name and title I i (econ 'officer s gnat re if a corporation) ors t /'ems- Print name and title C.-1>o="PdAltb�'1i� ckp 1{-r3ct'f la Contractor's City Business License No. -�g2isg "ram Ittf State Contractor's License No. and Class OS %.,14.0tNnif-.. ValkCht.772S 11?°06 Business street address a,t►144i C—A � Z f � CF City, State and Zip Code EXHIBIT A CONTRACTDOC:Mon Qwner/Co.ntractor Agreement Id Schedule Addenda! Plans Spec[al Prositstans Specific-el:cos) San. Diego County Regional Standard Drawings Ow. Of Ntgionocity Storidavi 1).rawings Standard. $1).ecifi, Omits for ..Public Works Construction and Regional Sop. lements (Green-1:7°0k) State .Standard Specifications State Standard Plans Califoenia Butidirg; MOthianital Plumbing:and Electtleal 'Codes .Permits :issued by jurisdictional regulatory agencies Electricgas, and. CO mHUC8tiOflS: companies specifications and .standards. Sweetwater Authority specifications. and standards. Sptclfitatoh44 stattdrcis •and. requirements of MTS).8NSE,. SANDAG, Port of Diego and all oth.'ariagercies that ::mayibe adjacent and/or .affected by the .projott. " •-•-• —'•-....-.9-•.••••••••• • .• •-I-..•.._%..• i'L-4.-144-1-r.-1—h-fli-1.11-1.-Iinl ragraliaaa.,laa lab EXHIBIT B CONTRACT PRICE MOTE TO B COMPLIT:60. TO CONFORM WITH BID SCHEDULE /TEMS) CORPORATE CERTIFICATE certify that: am the Secretary of the Corporation named as Contractor in the foregoing Contractvthat who signed said contract on behalf of the Contractor, was then Vt.'114 of said Corporation; thatsaid contract was duly signed for and in behalf of said Corporation by authority of its governing. body•.and is .within the scope of its corporate powers. I„ . .• certify:that .1.am. the $ecretory of the: kCorporation named ;as Contractor the foregoing contract; that .A44 114573: Who :signed' said. contract .on behalf of th.e Contractor, was. then Corporation; that taid coMract was. 'duly signed for and in behalf of a:1,d. ,corporation by :authority ofits.governing body andIswfth lath e scope ()fits corporate powers,. 'Corporate Sea iite444h PARTNERSHIP CERTIFICATE STATE OF ss COUNTY OF :On this day of -20: : before .mel the Lin:designed) a Notary. Public in and for said County and State :personally appeared:- Notary Seal) knpwn to •:me to be p.artrtership. that : executed the wthin Instrument, and acknowledged: .roe that partnership executed the .sarrfec. Signature: Name (Type or My Commission e:).4pir of the partners of the 0 ar. lit In and for said County and State) PERFORMANCE BOND EXECUTED IN TRIPLICATE BOND NO. 7901023407 PREMIUM: 1334. 0 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE WHEREAS, the City Council of the City of National City, by Resolution No. 2 22- , on the 3rd day of May, 2022, has awarded Tri Group Construction an DevelppmprkInc., hereinafter designated as the 'Principal", the PARADISE CREEK EDUCATIONAL PARK EXTENSION PROJECT, CIP NO. 19-33. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract NOW, THEREFORE, we, the Principal and NAT1UNIWIDET4UTUAL INSURANCE COMPANY as surety, are held and fiery bound unto the City of National City, hereinafter called the "City", in the penal sum of Six Hundred Thirty Eight Thousand Nine Hundred Sixty Three ($638,963.001 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OFTHIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorneys fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof} have been duty executed by the Principal and Surety above named, on the 26TH day of AP IL , 20 22 NATIONWIDE MUTUAL INSURANCE COMPANY (SEAL) ICL (SEAL) MARK D. IATARQLA, ATTORNEY -IN -FACT (SEAL) Surety TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. (SEAL) (SEAL) HANI ASSI, SECRETARY (SEAL) Principal PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person a SS a whose name is subscribed to the within instrument as the attorney -in -fact of the _- _- , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for NOTE: The Attorney -in -fact must attach a Surety must be properly acknowledged. certified copy of the Power of Attorney. Signature: Name (Type or. Print): Notary Public in and for said County and State My Commission expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness accuracy, or validity of that document. State of California County of— SAN DIEGO Can 4/26/2022 before me, Date } TRACY LYNN RODRI U EZ, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Nome(s) of Signer's,) who proved to me on the basis of satisfactory evidence to be the person( whose name is/are subscribed to the within instrument and acknowledged rledged to me that lie!'-..11e4h-ey executed the same in his/ authorized capacity), and that by his/l it signature() on the instrument the person( , or the entity upon behalf of which the person() acted executed the instrument. 7- f � TRACY LYl iN RODRIGUEZ c off.#2313 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA MY COMMISSION EXPIRES J N UARY 11 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a n d c ffif c i a l seal. Signature L(&&QI OPTIONAL aiu of kc';tkiry Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA 0 Corporate Officer - Title(s): 0 Partner - ELimited 0 General Q Individual E Attorney in Fact O Trustee O Other: Signer is Representing: u Guardian of Conservator Signer's Name: O Corporate Officer --- Tit[ (s):._ o Partner - D Limited ii General O Individual 0 Attorney in Fact fl Trustee El Guardian of Conservator 0 other Signer is Representing: ,F1MMEUfLtiT Tl'1`�1 e � _ 02017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT kiktMagMB CIVIL O D E § 1189 ;:t4� i� *'•`}�i�'`s'rsa'r t •�•:r''j• i�"s �t�.*3f�i'.e's,:r�s =Rix' a ��'r"'.•,'tii: �� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO } On 4/26/2022 before me, TRACY LYNN f OD IGU Z, NOTARY Y PUBLIC Date personally appeared Here Insert Name and Title of the Officer HAN I AS 1 Nome(s) c f Signer(s) who proved to me on the basis of satisfactory evidence to be the person(-s} whose name( 1s%a-subscril►ed to the within instrument and acknowledged to me that hel e/may executed the same in hisTherithcir authorized capacity s), and that by hisTloietAlteit signature(s) on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. TRY LYNN RRODRIUEZ C . # 2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFOIRNIAZ MY COMMISSION EXPIRES J N IAFY11,20 4 Place Notary Seal and/or Stamp Above certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature f\C‘- Si t� ��� OPTIONAL Public Completing this information can deter alterat-ion of the document or fraudulent reattachment of this form to an unintended document. t. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: HANI AI i Corporate Officer — Title(s): SECRETARY d Partner ❑ Limited 0 General O Individual 0 Attorney in Fact ❑ Trustee Q Guardian of Conservator Other: Signer is Representing: 2017 National Notary Association Signer's Name: • Corporate Officer — Title(s): Li Partner — o Limited E General 0 individual a Attorney in Fact r Trustee ❑ Guardian of Conservator O Other: Signer is Representing: !?+. }a'( §rVV:4:2a:rL.'.ti.•^�4ras_ rs. Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: HELEN MALONEY; JOHN MALONEY; MARK D I TAR LA; SANDRA FI UER A; TRACY L R DRI UE ; each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." " E IN D-FURT-HER,th t-such_attar-naysminnfalct .hall_ha e_f_u11_power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, F, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021, ler"*"441.,-* t Pp , 4k, ";01 ��TL:t y ,,, ! ,F[[yrwo FA '.i.5100.,04 0 kit., yn Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK: ss On this 20th day of August, 2021, before me came the above -named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. r tephanie Rubino McArthur Notary Public, Mate of New York No, O M 6 7O'i17 Qualified in New York County ommission Expires October 19, 2024 CERTIFICATE Notary Public My Commission Expires October i . 2G24 I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, i have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 26111 day of APRIL 2022 Assistant Secretary BUJ 1(08-21)00 EXECUTED IN TRIPLICATE BOND NO. 7901023407 PREMIUM INCLUDED IN PERFORMANCE (BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 0 - , on the 31( day of M L_ 1 has awarded Tri Group Construction and Development Inc., hereinafter designated as the "Principal", the PARADISE CREEK EDUCATIONAL PARK EXTENSION PROJECT, CIP NO. 19-33. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and NATIONWIDE I WIDE MUTUAL INSURANCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the " it i n the penal su-m-of ix-H-u-n-d-r d TIC L rtv-Eight T a nNine-Hundre-d-Sixtrthree 1$638,963.001 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorneyrs fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liabilityto those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 26TH day of APRIL , 0 22 NATIONWIDE TRI-GROUP CONSTRUCTION VUTLJAL INSURANCE COMPANY (SEAL) AND DEVELOPMENT, INC. (SEAL) (SEAL) MARK D. 1ATAROLA, ATTORNEY -EN -FACT (SEAL) Surety (SEAL) HAM ASSI, SECRETARY (SEAL) Principal CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f{ LS- 'i�.1WO 'YYO ICWAWFM, .}Y? i- k= i'1 {" R CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ounty of _ \i DIEGO 4/ / 0 2 } Dote personally appeared before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here insert Name and Title of the Officer MARK D. IATAROLA Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name-ist rc subscribed to the within instrument and acknowledged to me that he/ executed the same in his/-h rftheir authorized capacity , and that by his/herltheif signature(s) on the instrument the person( , or the entity upon behalf of which the person() acted, executed the instrument. �'` vi�,5 44 SAN DIEGO COUNTY 4.:; .� NOTARY PUBLIC -CALIF RNIA +r .- MY COMMISSION EXPIRES -. JANUARY 11, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL I Sig. ture . otarblic Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA DI Corporate Officer Title(s): Number of Pages: Ln Partner -- ❑ Limited ❑ General Individual Ei Attorney in Fact ❑ Trustee o Guardian of Conservator o Other: Signer is Representing: AkAP.5§51"C ©2017 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): --- ❑ Partner — 0 Limited ❑ General Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator Other: igner is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE g 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO 4/26/2022 Date before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared HANI ASS! Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/ae-subscribed to the within instrument and acknowledged to me that hei&ileithey executed the same in hisiheritheif authorized capacity), and that by hisilteriltheif signature(s) on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. TRACY LYNN RODRIGUEZ COMM. # 81 888 11,0 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUARY 1 1 f 2 4 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature I 1 vti Si atur OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity:(ies) Claimed by Signer(s) Signer's Name: HANI ASSI I Corporate Officer — Title(s): SECRETARY 1 Partner — El Limited General ❑ Individual 01 Attorney in Fact o Trustee IA Guardian of Conservator O Other: Signer is Representing: r ©2017 National Notary Association Number of Pages: Signer's Name: i Corporate Officer — Title(s): ❑ Partner I Limited ❑ General E Individual ❑ Attorney in Fact • Trustee u Guardian of Conservator o Other: Signer is Representing: Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: t IELE i MALONEY; JOHN MALONEY. MARK D IATAROLA; SAN1)t A FIGUE OA; TRACY L R DRIC E; each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of UNL IMITED and to bind the Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, ED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memcrandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatoryin nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company? 'RESOLVED FURTHER, that such attorneys -ire -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents," This power of attorney is signed and sealed under and by the foliowing bylaws duly adopted by the board of directors of the Company. xccutior7 of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021 Are r q. i r 4" • t 0 e' SEAL } -4 #* r:.0 Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK: ss On this 20th day of August, 2021, before me came the above -named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie Rubino McArthur Notary Public, State of New York No. 02 MG6270117 Qualified In New York County Gomn'iission moires October 19 2024 CERTIFICATE Notafy Public My Commission Expires Oatobor is, 2024 metrie6L, I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 2 Ft`H day of APRII . 2022 C1,wCa`�- Assistant Secretary BDJ 1(08-21)00